THE ORDER AND vsage of the keeping of a Parlement in England AND THE DEScription of tholde and ancient Cittie of Excester Collected by Iohn Vovvel alias Hooker gentleman Floret Virtus in aetaernum TO THE RIGHT VVORSHIPFVL graue and prudent the Maior and Senators of the moste ancient and honorable Cittie of Excester Iohn Vowel alias Hooker gentleman and Chamberlain of the same wisheth a happy successe in gouernment with the long continuance therof to the benefit of the publique welth and increace of vvorships WHEN I DO THINK and consider right worshipful of the noble state and great maiestie of the high Courts of Parlements of this Realme which for the exellēcie and worthines therof is of all true English men to be honored and imbraced I doo foorthwith fall in great dislike as wel with my self as with others which beeing in learning ignoraunt in wisdome weke in experiēce vnskilful and in euery respect very vnfit for such an honorable assembly should be chosen and admitted to the same For by the ancient orders and prescribed lawes of this land onely such are tobe elected and to haue place there as for grauitie wisdome knowledge and experience are reputed and knowen to be the moste chosen and principall personages of the whole land and Realme And this court beeing in authoritie highest and in power cheefest none should to be thorderers Iudges and councellers therof but such as in vertues and good conditions are answerable to the same The order therfore among the Romains was that none should be receiued or allowed to be of their Senate house vnlesse he were graue in yeeres and wel experienced in common affaires of the publique welth The Lacedemonians admitted none to be an Ephorus amōgst them but that he were a tryed man for knowledge and experience The Athenians would be assured that he should be wise and lerned that should be of their counsail The like order also was and is within this Realm the same being deriued and taken cheefly from emong the Romains emong and vnder whome diuers of tholde and ancient Kings of this Realm haue ben bred and brought vp And by meanes of the wisdome learning and knowledge learned emong them haue not onely attained to the Septer of this realme but also some of them haue been the monarches and Emperours of the whole world These good Kings and Princes I say finding this land by disordered life lawles libertie and lose behauior to be brought to an vtter ruin decay and desolation no reason longer ruling nor good order allowed then as priuat affections and selfwil would allow and like of after many deuises consultations and attempts for redresse no way could be found so good no remedie so present nor help so speedy as to erect and establish a Senate of the most graue wise and expert personages of the whole Realme called by the name of a Parlement For as Patricius in his third Book De institutione Reipub ▪ saith The best order of gouernmēt of the common welth procedeth alwais frō tholde and ancient Senators which are reputed and taken to be the fathers of the common welth For as fathers for their Children so these for the cōmon welth are moste careful and tender And albeit the King or prince be neuer so wise learned and expert yet is it impossible for any one to be exact and perfit in all things but a Senate of wise graue learned and expert men beeing assembled in councel togither they are as it were one body hauing many eyes to se many feet to go and many hands to labour withall and so sircum spect they are for the gouernment of the commōwelth that they se all thīgs nothing is hid or secret nothing is straunge or new nothing is to great or weightie to them but whether it be in causes of war or of peace they wil be wel aduised and measure all things with good reason circumspection and policie Moyses therfore although hauing talked with God face to face he were aboue all others most wise discreet and learned yet not trusting all togither to his owne wittes made choice of all thelders of Israel and by their councel did order and direct the publque state cōmon welth of his people and likewise beeing councelled by his father in law Iethro to prouide emong all his people strong couragiouse and valeāt men and such as feared God dealed truely and hated couetousnes to be rulers ouer the people to gouern and iudge them he did so onely the greatest and weightiest matters whiche touched God were brought before him alone Wherfore according to the good profitable and ancient orders of the Romaīs and Israelits these good Kings doo erect a Senate or Parlemēt Lawes are prescribed how the same shuld be kept orders made what manner of persons shal be elected and chosen for the same and constitutiōs setfoorth how and in what sort lawes and ordinaunces shal be made for the benefit of the common welth And surely these good and wholsome orders being put in vre and execution the benefit therof grew so much in short time that there was as it were a Metamorphoses of the state of the publique weale in those daies for what Sedition and contention had disordred good order and concord recouered What loosenes and dissolutnes of life had marred honest be hauiour restored What disobedience had decayed loiable obedience amēded And finally what soeuer by any disorder was amisse was by these meanes reformed and redressed and the euils which were crept and brought in by ambition couetousnes debate malice or enuy were so reformed as that the people beeing better gouerned and instructed would not be caryed with euery affection neither yet prefer priuate profit and wilful lusts before the common and publique welth Lo suche are the frutes which grew of the Parlements and thus doth it fare in all estates where good men doo rule wholsome lawes are made and good order kept and obserued and so long doo common welths florish as when prīces do rule and gouerne by law and people loyally obeying doo liue vnder law Erasmus in his Book De institutione principis Christiani ▪ saith that good lawes vnder a good Prince doo make a happy Realme and fortunate gouernmēt Cuius tum felicissimus est status cum principi paretur ab omnibus atque ipse Princeps paret legibus leges autem ad architypum aequi et honesti respondēt nec alio spectant quam ad Rem communē in melius prouehendam Whose state is then moste fortunate when the people doo obey the Prince and the Prince obeyeth the lawes and when lawes bee made iust and right and for the better aduauncement of the common welth And surely these are so in seperable that in a good commō welth they cannot be disseuered but a good Prince and good lawes must be concurrant for although it be a rule that Quod principi placet legis habet vigorē that Prīces heasts ar lawes
neither fear god nor hate iniquitie which are of no experience or knowledge sit in Senate of the wise and giue iudgemēt emong the graue and learned Finally if the olde Senators and wise Fathers ought there to sit in ancient order and in graue maner what place is there for punies rash heddes and yung men who hauing no learning and lesse experience are caried away as a fether with the winde with euery light toy making no account nor hauing any regarde at all to the publique weale And surely that our Parlements should be kept in such order the good ancient Kings of this realme with great aduise did so ordain and great penalties are prescribed and punishments appointed against such as shal be remisse in obseruing or guiltie in the breach therof If we therfore for whose safetie and preseruation so good and wholsome lawes which haue been made and heertofore obserued should degenerate from our forefathers and be remisse or carelesse in the keeping of the same let vs be assured that as we shall right worthely so shall we assuredly feel the smart therof to the vtter destruction of our selues the subuertion of the common welth and decay of our posteritie for so hath it happened and be fallen to all the estates kingdomes Realmes Citties and common welths of all the world whose destruction and decay began with the contempt and decay of their lawes and orders Where is the wel gouerned estate of the Atheniences What is become of the noble estate of the Romains What is become of the prudent gouernment of the Ephoros in Sparta Nay what is become of the Israelits the chosen people of God are not they driuen out of their owne land and become vagabōds through the whole world are not they so lothesome that all sorts of people doo in a manner shun and abhorre them It is an olde saying Felix quem faciunt aliena pericula cautum happy is he that can beware by an other mannes harme Wel if their be any feare of God in vs if any zeale to our cōmon weale any care of our posteritie or account of our owne safetie let vs haue an ernest regarde to the preseruation of that which is the preseruation of vs Let vs keep that which keepeth vs maintain that which maintaineth vs and defend that whiche defendeth vs Let vs preuent and beware that in choice of the Knights Citizens and Burgesses none be chosen which are straungers to the common welth yung of yeeres weke of discretion and timerose to speak but such as are graue wise anciēt and expert fearing God dealing truely according to the ancient orders lawdable customes and prescribed lawes of this Realme And for asmuch as the orders vsages and customs of the Parlements of this Realme are for the most part and to most men hidden and vnknowen and yet moste expedient and necessary that none should be ignoraunt of them I haue thought good vpon considerations to make a collection of them and finding some alteration and varietie of the Parlements in these dayes from them which were vsed in the elder dayes I haue made the discription bothe of the one and of thother The first and ancientest orders I haue translated out of an olde and an ancient Lattin Record which I haue of the Parlemēts kept in the time of King Edward the Sonne of King Etheldred named Edward the confessor about the yeer of our Lord. 1046 which were duely for many yeeres before and after his dayes kept and obserued The others are of mine owne deuise and collection according to that which I saw and learned at the Parlement holden at Westminster in the xiij yeer of the reign of Queene Elizabeth Anno. 1571. at which I was present being one though vnworthy of the said house and assembly I haue beē the more willing to set the same foorth because I knowe it moste necessary and needful to be knowen and that it toucheth the whole estate and common wealth of this Realme very neer For if the Rulers and gouernours of Citties and townes doo not more carefully look to the choice of their Citizens and Burgesses their states may paraduenture be in daunger to be shaken and their gouernments be in peril to perish And as for zeale and good wil to the whole common welth and my natiue Contrey I haue taken this little trauail so of bounden deutie I haue thought good to offer and presēt the same vnto you partely that a Legiar memoriall of so worthy and necessary a matter might remain and be emong your Records for the better instruction of your selues and all others which shal repair vnto you for the same But cheefly to yeeld my self vnto you moste humble and thankful for your good wil and tender affection towards me for albeit you had the choice of sundry wise men which for their grauitie experience and knowledge farre exceeding me were more fit to haue supplyed a place in that honorable assembly yet you of a good wil conceiuing the best made choice of me preferring me before the wise and ioyning me with the discreet and although by meanes of sicknes the vse of my speech not seruing I could not speak my minde in that pluce as of duety and consciēce I ought and would haue doon yet in such credit of that assembly I was that by a whole and a generall concent of the Parlemēt I was eftsoones chosen to be a Comitte in sundry matters of charge and importaunce and they with whome I was ioyned although they were personages of much honor and great experience yet such credit they gaue to my words and so allowed of my sayings that with good allowance they relyed vnto the same Whatsoeuer credit or cōmendation groweth to me heerby I doo must and wil wholly impute it vnto you And therfore as one bounden vnto you and altogither dedicated to your seruice and commaundement I doo offer this my simple and rude collection vnto your worships praying and beseeching you not to haue respect to the simplicitie rudenes and sclendernes of the matter offred but to the good wil of the offerer I haue before this attempted and begun to to draw and make a discourse of the antiquitie estate and gouernment of this Cittie thinking when I began I should long ere this haue absolued the same and haue offred it vnto you But in the middle of my trauails beeing by your consēts called to folow the weightie affaires of the right worshipful Sir Peeter Carew knight in Ireland I was cut of and dissapointed sithens beeing returned I haue for the moste part been so ouer charged with sicknes and mine affections haue been and are so distempered as that oportunitie and power haue not yet serued to folow the absoluing of that whiche my good wil and ernest desire wissheth Neuerthelesse hauing perused the discription of this Cittie which was of mine owne collection I haue vpon the sight of more matter enlarged augmēted and brought the same to such a perfection
as for the time and matter sufficient The imperfections if any be I wil heer after as occasion shall serue supply and amend in the meane time hauing ioyned the same vnto this and thinking it moste meet to be offred vnto you I doo moste humbly pray you accept the same in good parte The Lord God from whome commeth what so euer is good and who directeth the councels of the Iust and prospereth the diuices of the godly send his holy spirit vpon you that you liuing in the feare of him may hate iniquitie abhorre couetousnes and without affection giue iust Iudgements and in all trueth equitie and iustice gouerne rule and direct the people ouer whome he hath made you the gouerners and Rulers whereby his name may be glorified the common welth prospered and you at length sitting with the xxiiij Elders may be crowned with them and inioy that peace and blessing whiche is prepared for such as execute iustice and giue true Iudgements Post mortem Vita The olde and auncient order of keeping of the Parlement in England vsed in the time of King Edward the confessor FIrst the monicion or summons of the Parlement ought to be made or doon forty dayes before the beginning of the Parlement The Summons of the Spiritualtie ALl Bishops Abbots Priors and all other great Clarks that holde by countie or barony by reason of their holding ought to be monished and also to come to the Parlement and none other inferiours of the Clergie vnlesse their presence were profitable and necessary for the Parlement And to those the King is bound to giue their costê comming abiding at the ParlemeÌ„t and such inferiour Clarks not to be monished to come to the Parlement But the king was accustomed to send his writs vnto such discrete men desiring them to come and be at the Parlement Also the King was accustomed to send his monicions or summons to the Archbishops Bishops and other exempt persons that is to say Abbots Priors Deanes and other ecclesiastical persons that haue iurisdiction by such exemption and distinct priuiledges that they for euery Deanry and Archdeconry through England should elect and choose or cause to be elected chosen two discrete and wise proctors of their owne Archdeconry whiche should come and be at the parlement there to sustain and alow and to doo that thing that euery man of their Deanry or Archdeaconry might doo if they weer there in proper persons those Proctors so sent for the Clergie should bring with them their double proxies sealed with double seales of their superiours The one of the proxies to remain with the Clarks of the Parlement and thother to remain with the said proctors and vnder this maner the Clergie ought to be called to the Parlement The summons of the Temporaltie ALso all and euery Earle Baron and their péeres that is to say that haue lands and rents to the value of an Earldome or of a whole Barony that is to say xx knights fées euery fée contayning .xx. pound land which amounteth to iiij hundred pound in the whole or to the value of an whole Barony that is to say xiij fées and the third parte of a knights fée euery fée accounted at xx pound which amounteth in the whole to iiij hundred Marks And no inferior persons of the Temporaltie shall come to the Parlement by reason of his holde vnlesse his presence be necessary and profitable and they to be ordred for their charges at the kings costs as is spoken of before of the inferior Clerks The summons of the Barons of the fiue Portes ALso the King ought to send his writs to the warden of the fiue portes that he should cause to be elected or chosen for euery of the said portes two discrete wise Barons that should come and be present at the Parlement there to answere sustain aledge and doo all things concerning the said parlement aswel as if all and euery of the Barons were there personally And these Barons so elect and chosen shall bring with them their double proxies double sealed with the common seal of the port The one therof to be deliuered to the Clarkes of the Parlement and the other to remain with the said Barons so chosen and elected And when it shall chaunce the said Barons licence obteyned to departe they were accustomed to haue a writ sealed with the great seal to the warden of the fiue portes for their resonable expences doon from the first of their comming to the Parlement vntil the time of their departing and comming home to be leuied of the comminaltie of euery party hauing expresse mention made in the writ from the said first day of their comming vntil the time of their licence obteyned and it was accustomed that mention should be made in the said writ what euery Baron should take of the coÌ„mons for a day that is to say some more some lesse a consideration and respect had to the honestest for their tarying labours expences and it was not accustomed that any certain sum was limitted by the said Court. Of the knights of the Parlement ALso the king was accustomed to send his writê to all the Shirifs within the Realme that they should cause to be chosen two honest wise and discrete knights for euery Shéere to come to the Parlement with such proxies as is before spoken of the Barons of the fiue portes But for the expences of the said two knights for euery shéere was not accustomed to be graunted abooue .xiij. shillings .iiij. pence for a day Of the Citizens of the Parlement IN the like the Maior of London and the Shiriffes The Maior and Baliffes or the Maior and Citizens of York and all other Cittyes were wunt to be warned that they for the comminaltie of their cittyes should elect choose two discrete honest wise Citizens to come and be at the Parlement vnder the fourme as is spoken of before of the Barons and of the knights of the shéere And the said Citizens were accustomed to be like and equall in their expences for comming abiding and returning to and from the Parlement as are the knights Of the Burgesses of the Parlement IN like manner the Bayliffes and wise men of the Boroughes were accustomed and ought to be warned that they should choose two discrete honest and wise Burgesses of them selues and by theÌ„ to come and be at the Parlement in like maner as is spoken of the Citizens But it was not accustomed that twoo Burgesses should haue for their charges abooue x. shillings sometime not abooue vj. shillings .viij. pence and that should be taxed by the Court after the habilitie of the borough and the honestie of the Burgesses Of the two principall Clarkes of the Parlement ALso two principall Clarkes of the Parlement shall sit in the midst of the Iustices which shall inrolle all plaintes and matters of the Parlement And it is to be knowen that these twoo Clarkes be not subiect to
they shall come into the Parlement house in armoure or with their Swoordes but because they should be suche as haue good experience and knowledge in feates of Warre and of martiall affayres whereby they may in suche caces giue the King and Realme good aduise and councel likewise they ought to be Lay men and of good fame honestie and credit béeing not vtlawed excoÌ„municated or periured or otherwise infamose for such persons ought not to haue place or to be admitted into the Parlement house The degrees of the Parlement IN times past there were six degrées or estates of the Parlement whiche euery of them had their seuerall officers and ministers of attendaunce but now the same are reduced into foure degrées The first is the King who in his personage is a ful and whole degrée of him self and without whome nothing can be doon The second degrée is of the Lords of the Clergie and of the Temporaltie and are all called by the names of Barons The third is of knights Citizens and Burgesses and these be called by the names of the communaltie The fourth is of the Clergie which are called by the name of conudcacion and these persons haue no voice in the Parlement nether can they doo any thing other theÌ„ to intreat in causes of Religion which from them is to be commended to other estates Of the places and houses of the Parlement AS it lyeth in the King to assigne and appoint the time when the Parlement shall begin so that he giue at the least forty dayes summons so likewise he may name and appoint the place where it shal be kept but wheresoeuer it bée kept th' olde vsage and maner was that all the whole degrées of the parlement sat togither in one house and euery man that had there to speak did opeÌ„ly before the king and his whole Parlement but héerof did growe many inconveniences and therfore to auoid the great confusions which are in such great assemblies as also to cut of th' occasions of displeasures which eftsoones did happen when a mean man speaking his conscience fréely either could not be heard or fel into the displeasure of his betters and for sundrye other great gréefs did deuide this one house into thrée houses that is to wit the higher house the lower house and the conuocation house In the first sitteth the King and his Lords spirituall and Temporall called by the name of Barons and this house is called the higher house The second is where the Knights Citizens and Burgesses doo sit and they be called by the name of Commons and this house is called the lower house The third is where the prelats and Proctors of the Clergie sit béeing called by the name of the Clergie and this house is called the conuocation house of euery of these houses their orders and officers we wil bréefly subuect and declare perticulerly in order as foloweth Of the higher house THe higher house as is said is where the King and his Barons doo sit in Parlement where the King sitteth highest and the Lords and Barons beneath him eche man in his degrée the order is this The house is much more in length then in breadth and the higher end therof in the middle is the Kingê seat or Throne hanged richly with cloth of estate and there the king sitteth all waies alone On his right haÌ„d there is a long bench next to the wall of the house whiche reacheth not so farre vp as the Kings seat and vpon this sit the Archbishops and Bishops euery one in his degrée On his left hand there are two like beÌ„ches vpon the inner sit the Dukes Marquesses Erles and Vicounts On the other which is the hindermoste next to the wall sit all the Barons euery man in his degrée In the middle of the house betwéen the Archbishops seat and the Dukes seat sitteth the Speaker who commonly is the Lord Chaunceller or kéeper of the great Seale of England or the L. chéef Iustice of England as pleaseth the King who dooth appoint him and he hath before him his two Clarks sitting at a Table before them vpon which they doo write and lay their Bookes In the middle rowme beneath them sit the chéef Iustices and Iudges of the Realme the Barons of the Eschequer the Quéenes Sergeants and all such as be of the Kings learned Councel either in the common Lawes of the Realme or of the Ecclesiasticall lawes and all these sit vpon great Wool sacks couered with red cloth At the lower end of all these feates is a bar or a Rail betwéen which and the lower end of the house is a void rowme seruing for the lower house and for all Sutors that shall haue cause and occasion to repair to the King or to the Lords This house as it is distinct from the others so there bée distinct Officers to the same belonging and appertaining whiche all be assigned and appointed by the King and all haue allowances for their charges at the Kings hands of which Officers what they are what is euery of their offices and what allowances they haue shal be written in order héerafter Of the Officers of the higher house and first of the Speaker and of his office THe chéefest Officer of the higher house is the Speaker who is appointed by the King and commonly he is the Lord Chaunceller or kéeper of the great Seale or Lord chéef Iustice of England his office consisteth in diuers points First he must on the first day of the Parlement make his oration in the higher house before the king his Lords and commons then there declare the causes why the King hath summoned that parlement exhorting and aduising euery man to do his office and duty in such sorte as may be to the glory of God honor of the King and benefit of the common welth Also he must make one other oration but in way of answere to the Speakers Oration when he is presented to the King. Likewise he must make the like on the last day of the Parlement and you shall vnderstand that vpon these thrée dayes he standeth on the right hand of the King néer to his seat at a bar there appointed for him but at all other times he sitteth in the middle of the house as is before said When he hath ended his oration vpon the first day he must giue order vnto the lower house in the Kings behalf willing them to repair vnto their house and there according to their ancient order and customes make choice of their Speaker All Billes preseÌ„ted vnto the higher house he must receiue which he hath foorthwith to deliuer to the Clarkes to be safely kept All Billes he must cause to be red twise before they be ingroced and béeing red thrée times he must put the same to question If any Bil put to question doo passe with their conseÌ„t then the same must be sent to the lower house vnlesse it came first from thence and in that cace it
by concent shall appoynt and assigne The beginning is at eight of the clock in the morning and dooth continew vntil .xi. of the clock They doo not sit at after noones for those times are reserued for Committies and the Conuocation house In the morning they begin with the Common prayer and Letanye which are openly red in the house Of the King his office and authoritie HAuing declared of all the estates degrées and personages of the Parlement it resteth now to speak also of the King and of his office who is all in all the beginning and the ending and vpon whome resteth and dependeth the effect and substaunce of the whole Parlement for without him and his authoritie nothing can be doon and with it all things take effect neuerthelesse when he calleth and assembleth his Parlement there are sundrye orders whiche of him are to be obserued and which he ought to sée to be kept and executed or els the Parlement surcesseth to be a Parlement and taketh not his effect of whiche orders these be the chéef which doo insue First the King ought to send out his summons to all the estates of his Realme of a Parlemēt assigning appointing the time day and piace Also his summons must be at the least forty dyaes before the beginning of his Parlement Also he must appoint and prouide all such officers as ought to attend the Parlement who must be found at his charges Also the King ought not to make any choice or cause any choice to be made of any Knight Citizens Burgesses Proctors of the Clergie Speaker of the common house or Proloquutor of the Conuocation house but they must be elected and chosen by the lawes orders and customs of the Realme as they were wunt and ought to be and the Kings good aduise yet not to be contemned Also the king ought to graunt permit and allow to all and euery of the estates and to euery perticuler man lawfully elected and come to the Parlement all and euery the auncient fréedoms priuiledges immunitie and customes during the Parlement as also during the times and dayes comming and going to and from the Parlement but yet the same humbly to be requested of his highnes by the Speaker in his oratiō at the beginning of the Parlement Also the King in person ought to be present in the Parlement thrée daies at the least during the time of the Parlemēt that is to say the first day when the whole estates according to the summons make their apparance whiche is called the first day of the Parlement On the second day when the Speaker of the common house is presented which is counted the beginning of the Parlement And the third day which is the last day when the Parlement is proroged or dissolued for vpon these dayes he must be present vnlesse in cace of sicknes or absence out of the Realme for in these caces the King may summon his Parlement by commission and the same is of as good effect as if he were present in person and as for any other dayes he is at his choice and libertie to come or not to come to the Parlement Also the King ought to propone vnto the Parlement house in writing all such things and matters of charge as for whiche he calleth the said Parlemēt and accordingly as the same shal then by the consent of all estates be aduised concluded and agréed so the King either hath to allow or disalowe the same for he can of him self neither adde nor deminish any Bil but accept the same as it is presented vnto him from the estates of the Parlement or els altogither reiect it Also the King as he dooth prefixe and assigne the day and time when the Parlement shall begin so also he must assigne and appoint the time when the same shal be proroged or dissolued whiche ought not to be as long as any matters of charge weight or importaunce be in question and the same not decided nor determined Of the dignitie power and authoritie of the Parlement and of the orders of the same THe Parlement is the hiest chéefest and greatest Court that is or can be within the Realme for it consisteth of the whole Realme whiche is deuided into thrée estates that is to wit the King the Nobles and the Commons euery of which estates are subiect to all suche orders as are concluded and established in Parlement These thrée estates may ioyntly and with one consent or agréemēt establish and enact any Laws orders Statutes for the common welth but béeing deuided and one swaruing from the other they can do no thing for the King though hée be the head yet alone cannot make any Law nor yet the king and his Lords onely nor yet the King and his Commons alone neither yet can the Lords and the Commons without the King doo anything of auail And yet neuerthelesse if the King in due order haue summoned all his Lords and Barons and they wil not come or if they come they wil not yet appéer or if they come and appéer yet wil not doo or yéeld to any thing then the King with the concent of his Commons who are represented by the Knights Citizens and Burgesses may ordain establish any Act or Law which ar as good sufficent and effectuall as if the Lords had giuen their consents But of the contrary if the Commons be summoned and wil not come or comming wil not appéer or appéering wil not consent to doo any thing aledging some iust weightie and great cause The King in these caces cannot with his Lords deuise make or establish any Law the reasons are these when Parlements were first begon and ordained there were no Prelats or Barons of the Parlement and the Temporall Lords were very few or none and then the King and his Commons did make a ful Parlement which authoritie was hetherto neuer abridged again euery Baron in Parlement dooth represent but his owne person speaketh in the behalf of him self alone But in the Knights Citizens and Burgesses are represēted the Commons of the whole Realme and euery of these giueth not consent onely for himself but for all those also for whom he is sent And the King with the consent of his Commons had euer a sufficient and ful authoritie to make ordain establish good wholesome Lawes for the commō welth of his Realme wherfore the Lords béeing lawfully summoned yet refusing to come sit or cōsent in Parlemēt cannot by their folly abridge the King and the Commons of their lawful proceding in Parlement The Lords and Commons in times past did sit all in one house but for the aduoiding of confusion they be now deuided into twoo seuerall houses and yet neuertheles they are of like and equall authoritie euery persō of either of the said houses béeing named reputed coūted a péer of the Realme for the time of the Parlement that is to say equall for Par is equall And
therfore the oppinion censure and iudgement of a mean Burgesse is of as great auail as is the best Lords no regarde béeing had to the partie who speaketh but the matter that is spoken They be also called Péeres as it were Fathers for Pier is a Father by which is ment that all such as be of the Parlement should be auncient graue wise learned and expert men of the land for such were the Senators of Roome and called Patres conscripti for the wisdome and care that was in them in gouerning of the common welth They are also called Councellers because they are assembled and called to the Parlement for their aduise and good councel in making and deuising of suche good orders and Lawes as may be for the common welth They therfore which make choice of Knights Citizens and Burgesses ought to be wel aduised that they doo elect and choose such as béeing to be of that assemblye and therby equall with the great estates should be graue auncient wise learned expert careful men for their commonwelth and who as faithful and trusty councellers should doo that whiche should turn and be for the best commoditie of the common welth otherwise they doo great iniury to their Prince and common weale Also euery person of the Parlement during the times of the Parlement and at his comming and going from the same is frée from all troubles arrests and molestations no action or sute taking effect which during that time is begun entred or commenced against him in what Court so euer the same be except in causes of Treason Murder and Fellony and except also executions in Law awarded and graunted before the beginning of the Parlement Also euery person hauing voices in Parlement hath frée libertie of speach to speak his minde oppinion and iudgemeÌ„t to any matter proponed or of him self to propone any matter for the commoditie of the Prince and of the common welth but hauing once spoken to any Bil he may speak no more for that time Also euery person once elected and chosen a knight Citizen or Burgesse returned cannot be dismissed out of that house but béeing admitted shall haue his place and voice there if he be a Lay man But if by errour a man of the Clergie be chosen then he ought and shal be dismissed also if he be excomunicated outlawed or infamose Also euery one of these houses ought to be incorrupt no briber nor taker of any rewards gifts or money either for deuising of any bil or for speaking of his minde but to doo all thingê vprightly and in such sorte as best for the King and common welth Also euery one ought to be of a quiet honest and gentle behauiour none taunting checking or misusing an other in any vnséemly woords or déds but all affections set a parte to doo and indeuer in wisdome sobrietie knowledge that which that place requireth Also if any one doo offend or misbehaue himself he is to be corrected and punished by the aduise and order of the residue of the house Also all the Prisons wardes gailes within the Realme and the kéepers of the same are at the commaundement of the Parlement for the custodie and safe kéeping or punishment of all and euery such Prisoners as shal be sent to any of them by the said Palrement houses or any of them how beit moste commonly the Tower of London is the prison which is moste vsed Also if any one of the Parlement house be serued sued arrested or attached by any writ attachment or minister of the Kings bench Common place Chauncery or what Court soeuer within this Realme the partie so troubled and making complaint therof to the Parlement house then foorth with a Sergeant at Armes is sent to the said Court not onely aduertising that the partie so molested is one of the ParlemeÌ„t house but also inhibiting and commaunding the Officers of the said Court to call in the said processe and not to deale any further against the said partie for the Parlement béeing the hiest court all other Courts yéeld and giue place to the same Also as euery one of the Parlement house is frée for his owne person for all maner of sutes to be commenced against him so are also his Seruants frée and not to be troubled nor molested but beeing troubled haue the like remedie as the Maister hath or may haue Also no manner of person béeing not one of the Parlement house ought to enter or come within the house as long as the sitting is there vpon pain of imprisonment or suche other punishment as by the house shal be ordred and adiudged Also euery person of the Parlement ought to kéep secret and not to disclose the secrets and things spokeÌ„ and doon in the Parlement house to any manner of person vnlesse he be one of the same house vpon pain to be sequestred out of the house or otherwise punished as by the order of the house shal be appointed Also none of the Parlement house ought to departe from the Parlement without speciall leaue obteyned of the Speaker of the house and the same his licence be also recorded Also no person béeing not of the Parlement house ought to come into the same during the time of the sitting so euery one comming into the same oweth a dutie and a reuerence to be giuen when he entreth and commeth in If a Baron or a Lord come and enter into the higher house he ought to doo his obeysaunce before the cloth of estate and so to take his place Also when he speaketh he must stand bare headed and speake his minde plainly sensibly and in decent order If any come in message or be sent for to the higher house they must stay at the inner door vntil they be called in then béeing entred must first make their obeysauÌ„ce which doon to go to the lower end of the house their to stay vntil they be called and béeing called they must first make one lowe courtesie and obeisauÌ„ce and gooing forwards must in the middle way make one other lowe curtesie and then béeing come foorth to the Barre must make the third curtesie the like must be doon at the departure Also when any Knight Citizen or Burgesse dooth enter and come into the lower house he must make his dutiful and humble obeysaunce at his entry in and then take his place And you shal vnderstaÌ„d that as euery such person ought to be graue wise and expert so ought he to show him self in his Apparail for in times past none of the councellers of the Parlement came otherwise then in his gown and not armed nor girded with weapon for the Parlement house is a place for wise graue and good men to consult debate and aduise how to make Lawes and orders for the common welth and not to be armed as men redy to fight or to trye matters by the Swoord and albe it the writ for the election of the Knights haue expresse woords